Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
There are no special procedural provisions for intellectual property rights proceedings.
Infringement cases are heard before professional judges possessing legal background; there are neither technical judges nor juries in Israel. The parties have no influence on allocation of the presiding judge.
The parties may resolve the dispute via mediation (which is regulated by law). Mediation is voluntary and even though the judges usually encourage the parties to resolve the dispute using mediation, currently there is no mandatory settlement conference. The court may also, upon the parties' consent, refer the case to arbitration.
If an application for revocation is filed with the Patent Office after a patent infringement action was initiated before a District Court, the Patent Office will not hear such application unless the court permits it.
Where a patent infringement action was initiated before the District Court at a time a revocation application was already pending before the Patent Office, the court has power to stay the proceedings before the Patent Office.
The court trying an infringement action may also stay the proceedings before it, pending resolution of a revocation action before the Patent Office (judges sometimes may encourage the parties to first resolve the validity issue by instituting revocation action before the Patent Office).
If the Patent Office revokes the patent, revocations act in rem. If the Patent Office dismisses the revocation action, the District Court is free to invalidate the patent (subject to the general rules of issue preclusion).